PROCEDURE-COURT

Court Refuses to Grant Mandamus Relief Against DHCR for Ruling on Demolition Application

February 25, 2024    

On March 2, 2021, DOB approved landlord's application to demolish an apartment building. At that time, only one rent-stabilized tenant remained in occupancy. In September 2022, landlord applied pursuant to RSC...

Landlord's Court Appeal of Default Judgment by OATH Dismissed as Untimely

February 25, 2024    

DOB issued a violation notice to landlord for failing to maintain its building wall. The NYC Office of Administrative Trials and Hearings (OATH) issued a default judgment against landlord for failing to appear at a...

Landlord Couldn't Raise Claims on Appeal of OATH Rulings

February 23, 2024    

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on...

Termination Notice Didn't Set Grounds for Termination Landlord Claimed in Court

January 28, 2024    

Landlord sued to evict tenant after sending a 90-day termination notice. Landlord alleged that the apartment was unregulated because it was a cooperative unit and the lease between the parties had expired. Landlord...

Termination Notice Listed Incorrect Name for Tenant

January 22, 2024    

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed...

Court Dismisses Nonpayment Proceeding Because C of O Was Invalid

December 20, 2023    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that the building didn't have a valid certificate of occupancy (C of O) and that a temporary C of O...

Landlord's Termination Notice Didn't Properly Track Tenancy Term

December 20, 2023    

Landlord sued to evict tenant after issuing a 90-day termination notice. The termination notice stated that the tenancy ended on the 15th day of the month. But the month-to-month tenancy term ran from the first to...

Rent Demand Was Issued After Tenancy Termination Notice

December 20, 2023    

Landlord sued to evict tenant in 2021, basing the holdover proceeding on a 2020 termination notice that had been used in a prior eviction proceeding that had been dismissed. Landlord asked the court to vacate tenant...

Court Denies Landlord's Request to Restore Case to Calendar

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of her tenancy. The parties settled the case in court in February 2023. The stipulation addressed the lease breach claims, called...

Court Won't Award Use and Occupancy After Judgment of Possession Previously Granted

December 20, 2023    

Landlord sued to evict tenant in a holdover proceeding. Landlord and tenant settled the case during trial. Tenant agreed to move out, and landlord agreed to waive rent owed. When tenant failed to vacate by the agreed...

Eviction Proceeding Dismissed Based on Illegal Cellar at Building

December 20, 2023    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $2,600 per month for the months of August 2022 through February 2023. In response, tenant claimed rent overcharge, breach of warranty of...

Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023    

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and...